GIFT  OF 


PRIMARY  LAW. 


HOUSE  ROLL  NO.  405. 

An  Act  entitled:  "An  Act  to  provide  for  primary  elections  and 
:'»'ulate  the  same:  to  provide  for  the  nomination  of  certain  can- 
didates for  certain  offices  at  such  primary  elections:  to  provide  for 
the  election  of  state  and  county  committees  of  the  several  political 
parties;  to  permit  electors  to  express  their  choice  for  United  States 
Senator  and  upon  proposed  constitutional  amendments;  to  provide 
penalities  for  violations  of  the  provisions  of  this  act,  to  amend  sec- 
tion 5769  of  Cobbey's  Annotated  Statutes  of  Nebraska  for  1903, 
and  to  repeal  said  original  section,  and  to  repeal  Sections  5714,  5715. 
5716,  5717,  5718,  5719,  5720,  5721,  5722,  5800,  5801,  5802,  5803, 
5804,  5806,  5807,  5808, -5809,  5810,  5811,  5767,  5768,  5770,  5771,  5772, 
5773,  5774,  5775,  5776,  of  Cobbey's  Annotated  Statutes  of  Nebraska, 
oSlla1  to  SSllh1  Cobbey's  Supplement  for  the  year.  1905,  as  the 
same  now  exist,  and  all  acts  or  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act. 

BE  IT  ENACTED  BY  THE  LEGISLATURE  OF  THE  STATE  OF 
NEBRASKA : 

SECTION   1.     Definition    and    Construction.      The    words    and 
phrases  in  this  act  shall,  unless  the  same  be  inconsistent  with  the 


257164 


context,  be  construed  as  follows: 

1.  The  word  "primary,"  the  primary  election  provided  for  by 
this  act. 

2.  The  word  "election,"  a  general  or  city  election  as  dis- 
tinguished from  a  primary  election. 

3.  The  words  "November  election;"  the  general  election  held 
in  November. 

4.  The  word  "precinct,"  a  district  established  by  law  within 
which  all  qualified  electors  vote  at  one  polling  place. 

5.  The  word  "district,"  a  subdivision  of  the  state  or  a  county 
or  city  or  village  in  which  all  the  electors  are  entitled  to  participate 
in  the  election  of  any  one  or  more  candidates  for  office,  to  be  elected 
by  votes  of  electors  in  such  subdivision   exclusively.     This  statute 
shall  be  liberally  construed  so  that  the  real  will  of  the  electors  may 
not  be  defeated  by   an  informality   or  failure   to   comply  with  all 
provisions  of  law  in  respect  to  either  the  giving  of  any  notice  or 
the  conducting  of  the  primary  or  certifying  the  results  thereof. 

SECTION  2.  Candidates,  How  Nominated.  Hereafter  all  can- 
didates for  elective  offices,  except  those  expressly  exempted  from 
the  provisions  of  this  act,  shall  be  nominated: 

1.  By  a  primary  held  in  accordance  with  this  act ;  or 

2.  By  nomination    papers   signed    and    filed   as    provided    by 
statute. 

3.  This  act  shall  not  apply  to  special  elections  to  fill  vacancies, 
nor  to  municipal  elections  in  cities  having  less  than  25,000  popula- 
tion, village,  township   and  school  district  officers,  nor  to  members 
of  school  boards  nor  members  of  boards  of  education. 

SECTION  2a.  That  Section  5769  of  Cobbey's  Annotated 
Statutes  of  Nebraska  for  1903  be  amended  to  read  as  follows: 
"Section  5769.  Candidates  for  public  office  may  be  nominated  other- 
wise than  by  convention,  committee  or  primary  meeting1  in  the  fol- 
lowing manner;  A  certificate  of  nomination  containing  the  name  of 
the  candidate  for  the  office  to  be  filled  stating  the  name,  residence, 
business  and  post  office  address  of  the  candidate,  shall  be  signed 
by  electors  residing  in  the  district  or  political  division  in  which  the 
officers  are  to  be  elected  and  filed  with  the  clerk  of  the  village,  city 
or  county  or  with  the  Secretary  of  State  as  the  case  may  be.  The 
number  of  signatures  shall  not  be  less  than  One  thousand  wrhen 
the  nomination  is  for  an  office  to  be  filled  by  the  electors  of  an  en- 
tire state,  and  not  less  than  Two  hundred  when  the  nomination  is 
for  an  office  to  be  filled  by  tke  electors  of  the  city,  county,  or  other 
division  less  than  the  state  and  not  less  than  fifty  when  the  nomina- 


tion  is  for  an  office  to  be  filled  by  the  electors  of  a  township,  pre- 
cinct or  ward,  provided  that  the  number  of  signatures  need  not  in 
any  instance  exceed  one  fourth  of  the  total  number  of  voters,  when 
the  nomination  is  for  an  office  to  be  filled  by  the  electors  of  a  county, 
city,  township,  precinct,  village  or  ward,  and  that  the  signature 
need  not  all  be  appended  to  one,  paper,  Provided  further  than  can- 
didntes  nominated  under  the  provisions  of  this  section,  shall  be 
termed  "Candidates  by  Petition"  and  upon  the  ballot  upon  which 
their  names  are  printed,  shall  be  printed  after  such  names  the 
words  "By  Petition."  Each  elector  signing  a  certificate  shall  add 
to  his  signature  his  place  of  business,  his  residence,  and  address. 
Certificates  of  nomination  for  all  county,  district  or  precinct  offices 
including  members  of  both  branches  of  the  Legislature,  shall  be 
filed  with  the  County  Clerk  of  the  respective  counties  wherein  the 
officers  are  to  be  elected,  and  in  case  the  Legislative  Districts  from 
which  such  candidate  is  to  be  elected  embraces  more  than  one  county, 
then  in  that  case  the  certificate  shall  be  filed  with  the  County  Clerk 
of  each  county  included  in  such  district.  Certificates  for  the  nomi- 
nation of  the  Judge  of  the  District  Court  shall  be  filed  with  the 
County  Clerk  of  each  county  embraced  in  such  Judicial  District. 
Certificates  of  nomination  for  municipal  offices  shall  be  filed  with 
the  Municipal  Clerk  of  such  municipal  corporation  wherein  the  of- 
ficers are  to  be  elected."  That  Section  5769  of  Cobbey's  Annotated 
Statutes  of  Nebraska  as  heretofore  existing  be  and  the  same  is 
hereby  repealed. 

SECTION  3.     Primaries,    When  and  Where  Held. 

1.  There  shall  be  a  primary  election  held  at  the  regular  polling 
1>1  ace  in  each  precinct  on  the  first  Tuesday  in  September,  1907,  and 
annually  thereafter  on  the  first  Tuesday  in  September,  for  the  nomi- 
nation of  all  candidates,  except  those  exempted  from  the  provisions 
of  this  act,  to  be  voted  for  at  the  November  election,  and  United 
States  senator,  and  said  day  shall  be  the  first  day  for  the  registration 
of  voters  in  all  cities  where  registration  is  required. 

2.  Any  primary   other  than  that  provided  for  above  shall  be 
held  on  Tuesday,  four  weeks  before  the  elections,   except  an  cities 
of  the  metropolitan  class  and  cities  of  the  first  class  having  over 
twenty-five  thousand  inhabitants  wherein  it  shall  be  held  on  Tues- 
day, five  weeks  before  the  day  of  election. 

SECTION  4.  Notice  of  Primaries,  How  Given.  At  least  sixty 
(60)  days  before  the  holding  of  any  September  primary  the  Gover- 
nor shall  issue  his  proclamation  designating  all  the  offices  to  be  filled 
by  the  vote  of  all  the  electors  of  the  state  or  by  those  of  any  congres- 

3 


sional  legislative, or  judicial  district,  and  transmit  a  copy  thereof  by 
mail  to  the  county  clerk  of  each  county. 

2.  Upon  receipt  of  such  proclamation  said  county  clerk  shall, 
within  ten   (10)   days  thereafter,  make  and  publish  a  notice  of  such 
primary  in  manner  and  form  substantially  as  now  provided  by  law 
for  notices   of   November    election,   and   all   persons   to   whom   said 
notices  may  be  by  said  county  clerk  delivered,  shall  post  and  publish 
the  same  in  the  same  manner  as  the  notices  for  general  election. 

3.  In  case  of  city  elections  the  city  clerk  shall  post  such  notice 
at  the  regular  polling  place  in  each  precinct,  such  posting  to  be  not 
more  than  twenty  (20)   and  not  less  than  ten  (10)  days  before  such 
primary  election. 

SECTION  5.     Nomination  Papers— How  prepared  And  Signed. 

1.  The  name  of  no  candidate"  shall  be  printed  upon  an  official 
primary  ballot  unless  at  least  thirty  (30)  days  prior  to  such  primary, 
either  he  or  twenty-five  qualified  electors  of  the  party  with  which 
said  candidate  affiliates,  shall  have  filed  a  written  application  with 
the  proper  authority  in  substantially  the  following  form:    I  (or  we) 
the  undersigned,  qualified  elector  (or  qualified  electors)   of— 
precinct  (or  ward)  of  -  -  county,  (or  city)  in  the  state  of 
Nebraska   affiliating   with  the  -  -   party  and   residing   at 

-  hereby  request  that  my  (or  the  name  of  -  — ) 

name  be  placed  upon  the  official  primary  ballot  of  the  said  party  for 
the  primary  election  to  be  held  on  the  —  -  day  of  -  -  in  - 

-  as  a  candidate  for  the  office  of  -  —  and  I  pledge  my- 

self to  abide  by  the  results  of  said  primary  election  and  qualify  if 
elected.  In  case  a  nomination  shall  be  made  by  electors  other  than 
the  candidate,  said  nominee  shall  within  five  days  after  the  date, 
said  certificate  shall  be  filed  with  the  officer,  a  statement  in  writing 
duly  verified  under  oath  stating  that  he  affiliates  with  the  party 
named  in  said  certificate,  that  he  will  abide  by  the  results  of  said 
primary  and  if  elected  will  qualify  and  serve  as  such  officer.  In 
case  said  statement  shall  not  be  filed  within  five  days  the  name  of  the 
candidate  in  the  petition  shall  not  be  placed  upon  the  primary  bal- 
lot. 

2.  A  political  party  within  the  meaning  of  this  act,  shall  be 
such  an  assemblage  or  organization  of  electors  as  is  by  the  law  de- 
signated as  such. 

3.  At  the  September  primary  in   1908,   and   every   four  years 
thereafter,  there  shall  be  nominated  by  each  political  party  one  can- 
didate for  presidential  elector  in  each  of  the  congressional  districts 
within   the   state,   and   two   candidates   for   presidential   electors   at 
large.     Candidates  for  presidential  electors  shall  file  nomination  pa- 

4 


pers  as  required  of  candidates  for  nomination  for  state  offices. 

SECTION  6.  Nomination  Papers,  Where  Filed.  All  nomina- 
tion papers  shall  be  filed  as  follows : 

1.  For  officers  elective  in  more  than  one  county,  in  the  office  of 
the  Secretary  of  State. 

2.  For  officers  to  be  voted  for  wholly  within  one  county,  ex- 
cept city  officers,  in  the  office  of  the  county  clerk  of  such  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk. 

SECTION  7.  Posting  Of  Names  Of  Candidates.  At  least  twenty- 
five  (25)  days  before  any  primary  preceeding  a  general  election,  the 
Secretary  of  State  shall  transmit  to  each  county  clerk  a  certified 
list  containing  the  name  and  postoffice  address  of  each  person  for 
whom  nomination  papers  have  been  filed  in  his  office,  and  entitled 
to  be  voted  for  at  such  primary,  together  with  a  designation  of  the 
office  for  which  he  is  a  candidate,  and  the  party  or  principle  he 
represents.  Such  clerk  shall  forwith  upon  receipt  thereof  make  pub- 
lic under  the  proper  party  designation,  the  title  of  e.ach  office,  the 
names  and  addresses  of  all  persons  for  whom  nomination  papers  have 
been  filed,  the  date  of  the  primary,  the  hours '"diif ing  which  the  polls 
will  be  opened,  and  that  the  primary  will  be  held  at  the  regular  polling 
place  in  each  precinct.  Such  clerk  shall  cause  copies  of  the  same  to  be 
posted  in  at  least  one  public  place  in  each  precinct  in  his  county, 
designating  therein  the  location  of  the  polling  booth  in  each  election 
precinct. 

SECTION  8.  Primary  Election  Ballots.  The  method  of  voting 
at  such  primary  election  shall  be  by  ballot,  and  all  ballots  voted  shall 
be  printed  as  herein  provided.  On  the  fourteenth  day  before  the  pri- 
mary election  the  county  clerk,  or  city  clerk  in  the  case  of  city  elec- 
tion, shall  group  the  candidates  for  each  party  by  themselves,  in- 
cluding those  candidates  certified  to  him  by  the  Secretary  of  State, 
and  shall  prepare  at  once,  in  writing,  a  separate  ballot  for  each  party 
for  public  inspection,  which  he  shall  post  in  a  conspicuous  place  in  his 
office,  these  ballots  to  be  prepared  in  the  following  manner:  The  of- 
ficial primary  ballot  shall  be  printed  and  provided  for  substantially 
as  is  required  by  law  for  official  ballots  used  at  November  elections, 
provided,  however,  that  a  separate  ballot  shall  be  prepared  for  each 
political  party  entitled  to  participate  in  said  primary,  and  provided 
further  that  said  ballots  shall  all  be  uniform  in  size,  color  and  quality 
of  paper,  and  in  arrangement  and  style  of  printing. 

SECTION  9.  The  names  of  the  candidates  for  each  office  shall 
be  arranged  upon  the  ballot  alphabetically  according  to  surnames  and 

5 


under  appropriate  headings  designating  each  official  position,  pro- 
vided however,  this  section  shall  not  apply  to  primary  elections  held 
in  counties  having  more  than  one  hundred  and  twenty  thousand  in- 
habitants. There  shall  be  no  printing  on  the  back  of  the  ballots,  or 
any  mark  to  distinguish  them  but  the  signature  of  the  judge  or  clerk. 

SECTION  10.  Notice  and  Place  of  Primary  Elections.  The 
primary  election  shall  be  held  in  each  election  district  at  the  place 
where  the  last  election  was  held,  or  such  other  place  as  may  be  law- 
fully designated  for  the  polling  place  for  the  election  district,  and 
shall  be  held  at  the  place  where  registration  of  voters  occurs  for 
the  election  next  ensuing  in  cities  where  registration  is  required. 

SECTION  11.  Expenses  of  Primary,  How  Paid.  All  ballots, 
blanks  and  other  supplies  to  be  used  at  any  primary,  and  all  expenses 
necessarily  incurred  in  the  preparation  for  or  conducting  such  pri- 
mary, shall  be  paid  out  of  the  treasury  of  the  city  or  county,  as  the 
case  may  be,  in  the  same  manner,  with  like  effect,  and  by  the  same  of- 
ficers as  in  the  case  of  elections. 

SECTION  12.  Prior  to  the  filing  of  such  petition,  and  for  the 
purpose  of  helping  to  defray  the  expenses  of  such  primary  there  shall 
be  paid  to  the  county  treasurer  for  the  use  of  the  general  fund, 
of  the  county  of  the  candidate's  residence,  by  or  on  behalf  of  each 
candidate,  a  filing  fee  as  follows : 

For  the  office  of  United  States  Senator .- $50.00 

For  State   Officers,  Members  of  Congress  and  Judges  of 

the   District    Court $10.00 

For  County,  Legislative  and  city  officers $  5.00 

No  nominating  paper  shall  be  filed  until  the  proper  county  treas- 
urer's receipt  showing  the  payment  of  such  filing  fee  shall  be  pre- 
sented to  the  officer  with  whom  such  nominating  paper  is  to  be  filed. 

No  filing  fee  shall  be  required  from  candidates  for  Regents  of 
the  State  University  or  Presidential  Electors. 

SECTION  13.     Polls,  When  Open. 

1.  At  the  primary  elections  held  under  this  act  for  the  Novem- 
ber election  in  cities  where  registration  is  required,  the  polls  shall  be 
opened  at  eight  (8)  o'clock  A.  M.,  and  closed  at  nine  (9)  oclock  in  the 
evening.  In  all  other  places  and  at  primary  elections  at  all  other 
times  when  a  primary  election  is  held,  polls  shall  be  opened  at  twelve 
(12)  o'clock  M.,  and  remain  open  until  nine  (9)  o'clock  in  the  even- 
ing. But  if  the  judges  and  clerks  shall  not  attend  at  the  hour  of 
opening,  or  if  it  shall  be  necessary  for  the  electors  present  to  ap- 
point judges  or  clerks,  or  any  of  them,  the  polls  may  then  be  opened 

6 


at  any  time  before  the  time  for  closing  them  shall  arrive,  as  the  ease 
may  require. 

2.  If  at  the  hour  of  closing  there  are  any  electors  in  the  polling 
place  or,  in  line  at  the  door,  desiring  to  vote,  and  who  are  qualified 
to  register  and  participate  therein,  and  have  not  been  able  to  do  so 
since  appearing  at  the  polling  place,  said  polls  shall  be  kept  open 
reasonably  long  enough  after  the  hour  for  closing  to  allow  those 
present  at  that  hour  to  register  and  vote.  No  one  arriving  after  the 
hour  of  nine  (9)  P.  M.,  shall  be  entitled  to  register  and  vote  because 
the  polls  may  not  actually  be  closed  when  he  arrives. 

SECTION  14.  The  county  board  shall  provide  a  sufficient  num- 
ber of  ballot  boxes  with  a  sufficient  number  of  locks  and  keys,  at 
the  expense  of  the  county,  for  the  several  precincts  or  districts  within 
which  the  primary  election  is  to  be  held. 

SECTION  15.  That  Section  5616,  5617,  and  5618  of  Cobbey's 
Annotated  Statutes  of  Nebraska,  for  the  year  1903,  are  hereby  made 
applicable  to  primary  elections  held  under  this  act. 

All  primaries  shall  be  presided  over  by  the  same  judges  and  clerks 
of  elections  now  provided  by  law  to  preside  over  general  elections 
during  the  time  for  which  they  were  so  appointed,  and  said  judges  and 
clerks  shall  receive  for  their  services  at  such  primary,  the  same  com- 
pensation as  is  prescribed  by  law  for  judges  and  clerks  of  November 
elections. 

SECTION  16.  The  ballots  cast  at  any  primary  election  shall  be 
counted  and  the  results  returned  to  the  county  clerk  in  manner  and 
form  provided  by  law  relating  to  general  elections. 

SECTION  17.  Any  qualified  elector  desiring  to  vote  at  any 
primary  election  held  under  the  provisions  of  this  act  shall  be  entitled 
to  participate  in  such  primary  election  upon  presenting  himself  at  the 
polling  place  where  he  is  entitled  to  vote ;  but  he  shall  not  be  entitled 
to  receive  a  primary  ballot,  or  be  entitled  to  vote  at  such  primary 
elections,  until  he  shall  have  first  stated  to  the  judges  of  said  primary 
election  what  political  party  he  affiliates  with. 

SECTION  18.  In  cities  where  registration  is  by  law  required, 
no  voter  shall  receive  a  primary  ballot  or  be  entitled  to  vote,  until  he 
shall  have  first  been  duly  registered  as  a  voter  in  the  manner  pro- 
vided by  law,  provided  that  in  cities  where  registration  is  by  law 
required,  no  elector  shall  be  permitted  to  vote  unless  he  be  a  first 
voter,  or  shall  have  moved  into  the  precinct  since  the  last  preceding 
day  of  registration.  For  the  purpose  of  providing  a  system  of  regis- 
tration of  party  affiliation,  it  shall  be  the  duty  of  the  mayor  and  city 

'  7 


council  of  each  city  wherein  registration  is  required,  to  provide  in 
the  registration  books  used  for  the  purpose  of  registering  persons 
who  are  qualified  to  vote  at  the  next  general  election,  space  for  the 
registration  of  all  persons  who  may  desire  to  participate  in  any  pri- 
mary election.  Such  space  shall  be  provided  in  said  registration 
books  immediately  following  the  last  perpendicular  ruled  column  in 
such  books  and  shall  be  headed  as  follows,  "Party  Affiliation."  It 
shall  be  the  duty  of  the  supervisors  of  such  regular  registrations  to 
ask  each  person  who  applies  to  be  registered  the  question:  What 
political  party  do  you  desire  to  affiliate  with?  And  the  name  of  the 
political  party  given  by  such  elector  so  applying  to  be  registered, 
shall  be  recorded  in  the  column  provided  in  such  registration  books 
for  that  purpose.  In  case  any  party  applying  does  not  desire  to  state 
his  party  ampliation,  he  shall  not  be  required  to  do  so  nor  shall  his  fail- 
ure to  do  so  act  as  a  bar  to  his  registration  for  the  purpose  of  voting 
at  any  election  other  than  a  primary  election,  but  shall  debar  him 
from  voting  at  any  primary  election.  If  the  right  of  such  person  to 
vote  be  not  challenged,  one  of  the  judges  of  said  primary  election  shall 
then  hand  him  a  ballot  of  the  political  party  with  which  he  affiliates, 
which  said  ballot  shall  be  endorsed  with  the  signature  of  two  of  the 
judges  upon  the  back  at  the  bottom  edge. 

SECTION  19.     Challenging  Voters. 

1.  If  the  right  of  such  person  to  vote  be  challenged,  one  of  the 
judges  of  said  election  shall  then  propound  to  such  person  the  ques- 
tions provided  for  in  Section  5628  of  Cobbey's  Annotated  Statutes 
of  Nebraska  for  the  year  1903,  required  by  said  section  to  be  pro- 
pounded to  a  voter  at  a  general  election  when  challenged,  and  in  ad- 
dition thereto  the  judge  shall  propound  the  following  questions: 

1.  What  political  party  do  you  affiliate  with? 

2.  Do  you  intend  to  support  the  candidates  of  such  political 
party,  or  majority  of  them,  at  the  next  election? 

2.  If  the*  challenge  be  not  then  determined  in  favor  of  such  per- 
son by  the  judges  of  said  primary  election  and  be  not  withdrawn,  he 
shall  not  be  allowed  to  vote  until  he  shall  have  taken  the  following 
oath: 

"You  do  solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States  (or  have  declared  your  intention  to  become  such),  that 
you  have  been  an  inhabitant  of  the  State  of  Nebraska  for  the  last  six 

months,  and  of  the  County  of for  the  last  forty  days; 

and  of  this  precinct  for  the  last  ten  days ;  that  you  have  attained  the 
age  of  twenty-one  years,  to  the  best  of  your  knowledge ;  that  politic- 
ally you  affiliate  with  the  -  -  party,  and  that  you  intend  to 
snpport  the  candidates  of  said  party  at  the  coming  election. 

8 


'}.  It  shall  be  the  duty  of  the  clerks  of  said  primary  election  to 
write  at  the  end  of  such  person's  name,  "sworn".  Said  voter  shall 
then  be  allowed  to  vote  the  ticket  of  the  party  which  he  affiliates  with. 

A  judge  of  such  primary  election  shall  instruct  the  voter  that  he 
is  to  vote  for  his  choice  for  each  office,  using  only  the  ballot  of  the 
party  with  which  he  affiliates,  and  that  he  must  return  the  ballot  with 
the  edges  folded  upon  which  are  the  signature  of  the  judges  upper- 
most, v 

SECTION  20.  Upon  any  person  entitled  to  vote  at  any  primary 
election  stating  the  name  of  the  political  party  with  which  he  affiliates, 
the  clerks  of  said  primary  election  shall  thereupon,  after  the  name  of 
the  person  voting,  write  the  name  of  such  political  party  in  the 
( olumn  of  the  poll  book  prepared  for  that  purpose. 

SECTION  21.  The  city  clerk  of  each  city  wherein  a  registration 
of  voters  is  required  by  law,  shall  immediately  after  each  registration 
clay,  compile  an  alphabetical  list  of  the  voters  of  each  of  the  political 
parties  in  each  precinct  in  such  city,  and  within  five  days  after  each 
,day  of  registration  he  shall  furnish  to  the  chairman  or  secretary  of 
each  political  committee  of  his  city  and  county,  a  certified 
copy  of  such  lists,  and  also  keep  the  same  accessible  to  the  public, 
inspection.  He  shall  also,  on  the  day  of  the  primary,  furnish  to  the  of- 
ficers of  the  primary  election  in  each  precinct,  a  certified  copy  of  such 
lists  for  the  purpose  of  determining  whether  or  not  any  person  who 
desires  to  vote  at  such  primary  was  registered  at  the  last  registration 
as  affiliating  with  the  party  the  ballot  of  which  he  desires  to  vote  at 
such  primary. 

When  the  elector  has  prepared  his  ballot  he  shall  fold  the  same 
with  the  edges  upon  which  are  the  signatures  of  the  judges  uppermost, 
and  so  folded  so  as  to  conceal  the  face  thereof  and  all  marks  thereon, 
and  hand  the  same  to  the  judge  of  the  primary  election  who  is  in 
charge  of  the  ballot  box. 

SECTION  '22.  Challenges.  The  party  committee  of  each  party 
may  appoint,  in  writing,,  one  party  agent  or  representative,  with  an 
alternate  for  each,  who  shall  act  as  challengers  for  their  respective 
parties  or  elements  therein.  The  right  of  any  person  to  vote  at  a 
primary  may  be  challenged  upon  the  same  ground,  and  his  right  to 
vote  be  determined  in  the  same  manner,  as  at  an  election. 

SECTION  23.     Canvass  of  Votes. 

1.  Canvass  of  votes  cast  shall,  except  as  herein  otherwise  pro- 
vided, be  made  in  the  same  manner  and  by  the  same  officers  as  the 
canvass  of  an  election.  The  party  committeeman  of  the  precinct 

9 


in  a  precinct  canvass,  the  chairman  or  secretary  of  the  comity  com- 
mittee in  a  county  canvass,  and  of  the  state  committee  in  a  state  can- 
vass, or  some  duly  appointed  agent  to  represent  each  party,  shall  be 
allowed  to  be  present  and  observe  the  proceedings. 

2.  The  county  canvass  of  the  returns  of  autumn  primary  shall 
be  made   by   the   same  officers   in   the  manner  provided  by  law   for 
the  canvass  of  the  returns  of  general  election.     The  canvassers  shall 
meet  at  ten  o'clock  on  the  Friday  following  the  September  primary 
and  canvass  such  returns.    Their  returns  shall  contain  the  whole  num- 
ber of  votes  for  each  candidate  of  each  political  party,  and  a  dupli- 
cate as  to  each  political  party  shall  be  delivered  to  the  county  chair- 
man of  such  party. 

3.  The    canvassers    shall   also   make    an  additional    duplicate 
return  in  the  same  form  as  provided  in  subdivision  2,   showing  the 
votes  cast  for  each  candidate  and  voted  for  wholly  within  the  limits 
of  the  county.    The  county  clerk  shall  send  to  the  Secretary  of  Slate, 
by  registered  mail,  one  complete  copy  of  all  returns  as  to  such  can- 
didates, and  he  shall  likewise  send  to  the  chairman  of  the  State  Cen- 
tral Committee  of  each  party,  a  duplicate  copy  of  the  returns  last 
described  relating  to  such  candidates  of  each  such  party. 

SECTION  24.  State  Board  of  Canvassers,  How  Constituted  and 
Governed.  The  board  of  canvassers  provided  for  by  law,  to  canvass 
returns  of  a  general  election,  shall  constitute  the  state  board  of  can- 
vassers of  September  primaries,  and  all  the  provisions  of  law  relat- 
ing to  the  canvass  of  the  return  of  a  general  election,  shall,  as  far  as 
applicable,  apply  to  the  canvass,  return  and  certification  to  the  S-,1  •- 
retary  of  State  of  such  primary.  Such  board  shall  meet  at  the  office 
of  the  Secretary  of  State  at  ten  o'clock  A.  M.,  on  the  second  Tuesday 
succeeding  the  September  primary. 

SECTION  25.     Party  Candidates. 

1.  The  person  receiving  the  greatest  number  of  votes  at  a  pri- 
mary' as  the  candidate  of  a  party  for  an  office,  shall  be  the  candidate 
of  that  party  for  such  office,  and  his  name  as  such  candidate,  shall  be 
placed  on  the  official  ballot  at  the  following  election. 

2.  As  soon  as  the  state  canvass  of  a  primary  shall  be  certified 
to  him,  the  Secretary  of  State  shall  make  a  certified  statement  of  the 
result  of  such  primary  as  to  candidates  for  State  officers  and  mem- 
bers in  Congress,  'and  any  other  candidates  whose   district  extends 
beyond  the  limits  of  a  single  county,  and  shall  mail  to  the  chairman 
of  the  State  Central  Committee  of  each  party  so  much  of  such  cer- 
tificate as  relates  to  his  party. 

3.  Not  Less  than  fourteen  days  before  any  November  election 

10 


the  Secretary  of  State  shall  certify  to  the  county  clerk  of  e?K-h  countv 
within  which  any  of  the  electors  may  vote  for  the  candidates  for 
such  offices,  the  name  and  discription  of  each  person  nominated  for 
any  such  office  as  specified  in  the  nomination  papers. 

SECTION  26.  City  Board  of  Canvassers;  Quorum;  Meetings, 
When  Held. 

The  canvass  of  the  returns  of  the  city  primary  shall  be  made  by 
the  mayor,  the  city  clerk  and  the  treasurer  of  such  city,  any  two  of 
whom  shall  constitute  a  quorum.  Such  board  of  canvassers  shall 
meet  at  eleven  o'clock  in  the  forenoon  of  the  second  day  following  the 
city  primary  and  canvass  the  vote  substantially  as  provided  in  sec- 
tions 22-23-24  of  this  act.  They  shall  make  and  certify  duplicate  re- 
turns as  to  the  votes  cast  for  the  candidates  and  forwith  certify  and 
file  one  complete  return  with  the  city  clerk.  Whenever  a  candidate 
for  any  office  under  the  primary  law  desires  a  recount  of  the  votes  he 
shall  within  three  days  after  the  canvassing  board  has  completed  its 
count,  file  with  the  Canvassing  Board  an  affidavit  requesting  and  set- 
ting forth  his  reasons  for  requesting  the  same.  He  shall  also  state  in 
said  affidavit  the  names  of  the  other  candidates  whose  votes  he  de- 
sires recounted.  Upon  filing  such  affidavits  the  Canvassing  Board 
shall,  within  one  day  thereafter,  proceed  to  recount  the  votes  for  the 
candidates  named  in  the  affidavit  or  affidavits  filed  in  the  above  man- 
ner. 

Provided  that  no  candidate  shall  be  entitled  to  a  recount  of  the 
votes,  by  such  Canvassing  Board  cast  for  any  candidate  when  it  ap- 
pears to  said  Canvassing  Board  that  the  vote  for  such  candidate  is 
sufficiently  large  that  the  recount  of  the  same  would  not  result  in  the 
nomination  of  the  affiant. 

Provided  further  that  this  provision  does  not  apply  to  the  rights 
of  the  affiant  in  seeking  a  recount  in  Court. 

SECTION  27.  Vacancies  occurring  upon  any  party  ticket  afte,' 
the  holding  of  any  primary  shall  be  filled  by  a  majority  vote  of  the 
party  committee  of  the  city,  district,  county  or  state,  as  the  case  mav 
be,  and  a  certificate  of  such  nomination  shall  be  filed  as  required  by 
Section  5776  of  Cobbey's  Annotated  Statutes,  1903. 

SECTION  28.  Party  Committees.  At  two  o'clock  P.  M.  on  the 
second  Saturday  succeeding  the  general  primary  in  1907,  and  an- 
nually thereafter,  at  such  hour  and  day,  the  nominees  of  the  respec- 
tive parties  for  county  officers  in  each  county,  shall  meet  at  the  office 
of  the  secretary  of  the  county  committee,  of  their  respective  parties, 
and  shall  elect  a  county  central  committee,  composed  of  not  less  than 
one  member  for  each  election  precinct  in  the  county.  Such  committee 

11 


shall  serve  until  their  successors  are  chosen  in  like  manner  preceding: 
the  next  general  election  for  such  offices. 

SECTION  29,     Congressional  and  Judicial  Committees. 

The  candidates  of  the  respective  parties  for  the  office  of  Judge  of 
the  District  Court  and  Member  of  Congress,  shall  have  the  right  to 
appoint  a  chairman,  secretary  and  treasurer  and  campaign  committee 
for  such  judicial  and  congressional  district  respectively,  of  not  less 
than  one  member  for  each  county  in  the  district.  If  there  shall  be  more 
than  one  judge  to  be  elected  in  any  district,  all  the  candidates  of 
each  respective  party  shall  be  entitled  to  participate  in  the  election 
of  the  officers  and  committee  of  the  party  of  which  they  are  nominees, 
and  for  that  purpose  it  shall  be  the  duty  of  the  chairman  of  the  Judi- 
cial committee  of  each  party,  to  fix  the  time  and  place  of  a  meeting 
of  candidates  of  his  party  to  select  such  committee  and  to  notify 
the  candidates  thereof,  in  ample  time  to  attend  such  meeting  to  be 
held  not  earlier  than  the  second  Saturday  next  succeeding  the  pri- 
mary election  at  which  they  were  chosen. 

Such  committee  shall  serve  until  their  successors  are  chosen  in. 
like  manner  preceding  the  next  general  election  for  such  office. 

SECTION  30.  Each  committee  shall  have  the  power  to  elect  a 
chairman,  vice-chairman,  secretary  and  treasurer,  and  each  such  com- 
mittee and  its  officers  shall  have  the  power  usually  exercised  by  such 
committees,  and  by  the  officers  thereof,  in  so  far  as  is  consistent  with 
this  act.  The  various  officers  and  committees  now  in  existence  °h;ill 
exercise  the  powers  and  perform  the  duties  herein  prescribed  until 
their  successors  are  chosen  in  accordance  with  this  act.  At  all  meet- 
ings of  such  city  and  county  committees,  each  member  thereof  shall 
have  one  vote  only.  The  duties  of  the  chairman  or  secretary  of  any 
committee  may  be  performed' by  members  of  such  committee  selected 
by  them.  Any  vacancy  in  any  committee  office  shall  be  filled  in  the 
same  manner  as  that  in  which  such  officer  was  originally  chosen. 

SECTION  31.  The  first  Saturday  after  the  primary  election 
the  nominees  for  county  officers  shall  meet  at  the  county  seat  of  the 
respective  counties  in  this  state,  and  by  a  majority  vote  thereof  se- 
lect one  committeeman  from  each  township  or  precinct  in  said  county, 
and  writhin  one  wTeek  thereafter  said  committeemen  so  selected  shall 
meet  and  elect  a  chairman  of  the  County  Central  Committee  of  his 
respective  party  and  at  said  time  shall  elect  one  delegate  who  shall 
meet  with  like  delegates  chosen  in  the  same  way  from  each  county  in 
the  state  at  the  capitbl  at  12  o'clock  M.  on  the  fourth  Tuesday  in  Sep- 
tember, 1907  and  annually  thereafter  on  the  fourth  Tuesday  of  Sep- 
tember; and  said  delegates  shall  forwith  formulate  the  State  Plat- 

12 


form  of  their  party  and  select  a  State  Central  Committee  composed 
of  one  member  for  each  senator  elected  from  senatorial  district,  and 
said  committee  so  elected,  shall  select  its  chairman  and  secretary. 
The  platform  of  each  party  shall  be  framed  at  such  time  and  shall  be 
made  public  not  later  than  six  o'clock  in  the  afternoon  on  the  follow- 
ing day. 

SECTION  32.     Miscellaneous  Provisions. 

1.  In  case  of  a  tie  vote,  the  tie  shall  forwith  be  determined  by 
lot  of  the  canvassers.    Authority  and  jurisdiction  are  hereby  vested 
in  the  county  court  and  in  the  judges  thereof  in  vacation,  to  hear  and 
determine  primary  election  contests,  as  to  county,  city  or  precinct 
officers.     When  any  petition  to  contest  a  primary  election  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  court  within  twenty-four 
hours  after  the  board  of  canvassers  has  made  its  return,  said  petition 
shall  forwith  be  presented  to  the  judge  thereof,  who  shall  note  thereon 
the  day  of  presentation,  and  shall  note  thereon  the  day  when  he  will 
hear  the  same,  which  shall  not  be  more  than  five  days  thereafter,  and 
shall  order  issuance  of  summons  to  each  defendant  named  in  the  peti- 
tion. 

2.  Summons  shall  forwith  issue  to   each   defendant  named  in 
the  petition  and  shall  be  served  in  the  same  manner  as  is  provided 
in  cases  in  chancery.    The  case  may  be  heard  and  determined  by  the 
county  court  in  term  time,  or  by  the  judge  thereof  in  vacation,  at 
any  time  not  less  than  two  days  after  service  of  process,  and  shall 
have  preference  in  the  order  of  hearing  to  all  other  cases.    The  peti- 
tioner shall  give  security  for  all  costs. 

3.  If  in  the  opinion  of  the  court  in  which  the  petition  is  filed, 
the  grounds  for  contest  alleged  are  insufficient  in  law,  the  petition 
shall  be  dismissed.     If  the  grounds  alleged  in  the  petition  are  suffi- 
cient, the  court  shall  proceed  in  a  summary  manner,  and  may  hear 
evidence,  examine  the  returns,  recount  the  ballots,  and  make  such 
orders  and  enter  such  judgments  as  justice  may  require.    The  court 
shall  hear  and  determine  the  case  within  two  weeks  of  the  filing  of 
the  petition.     Immediately  upon  rendering  judgment  in  any  such 
contest,  it  shall  be  the  duty  of  the  county  judge  to  at  once  certify  the 
judgment  to  the  county  clerk,  who  shall  cause  to  be  printed  on  the 
official  ballots  the  name  or  names  of  those  whom  such  county  court 
shall  have  so  decided  to  have  been  nominated  at  such  primary,  and 
any  appeal  taken  from  such  judgment  of  the  county  court  shall  not 
act  as  a  supersedas  to  prevent  the  county  clerk  from  so  doing. 

SECTION  33.     It  shall  be  the  duty  of  the  Secretary  of  State 
and  Attorney  General,  on  or  before  July  1st,  1907,  to  prepare  all 

13 


forms  necessary  to  carry  out  the  provisions  of  this  act,  which  forms 
shall  be  substantially  followed  in  all  primaries  held  in  pursuance 
hereof.  Such  forms  shall  be  printed  with  copies  of  this  act  for  pub- 
lic use  and  distribution. 

SECTION  34.  Any  person  entitled  to  vote  at  a  primary  elec- 
tion shall,  on  the  day  of  such  election,  be  entitled  to  absent  himself 
from  any  service  or  employment  in  which  he  is  then  engaged  or  em- 
ployed, for  a  period  of  two  hours  between  the  time  of  opening  and 
closing  the  polls,  and  such  voter  shall  not,  because,  of  so  absenting 
himself  be  liable  to  any  penalty  nor  shall  any  deduction  be  made,  on 
account  of  such  absence,  from  his  usual  salary  or  wages;  provided, 
however,  that  application  for  such  leave  of  absence  shall  be  made 
prior  to  the  day  of  the  primary. 

The  employer  may  specify  the  hours  during  which  the  employee 
may  absent  himself. 

»  SECTION  35.  At  the  general  primary  election  next  preceding 
any  general  election  at  which  any  constitutional  amendment  shall  by 
law  be  required  to  be  submitted  to  the  electors  of  the  state,  it  shall 
be  the  duty  of  the  Secretary  of  State  at  the  same  time  that  he  shall 
certify  the  names  of  candidates  for  state  officers  to  the  county  clerks, 
likewise  to  certify  to  such  county  clerks  any  such  amendment  or 
amendments  to  be  submitted  at  the  general  election,  and  it  shall  be 
the  duty  of  the  county  clerks  to  cause  to  be  printed  in  the  primary 
election  ballots  of  all  political  parties  the  question  of  such  constitu- 
tional amendments  in  the  same  manner  and  form  as  they  are  required 
to  be  printed  on  the  official  general  election  ballots,  and  each  elector  may 
declare  himself  in  favor  of  or  against  any  such  amendments  the  same  as 
at  such  general  election.  The  election  boards  in  the  various  precincts 
shall  make  returns  of  the  number  of  votes  in  favor  of  and  against  any 
such  amendment,  to  the  county  clerk  at  the  same  time  and  in  the 
same  manner  as  upon  candidates  for  nomination,  and  such  returns 
shall  be  canvassed  by  the  county  canvassing  boards  with  other  re- 
turns, and  the  county  clerks  shall  make  returns  to  the  Secretary  of 
State  of  the  votes  upon  such  amendments  with  the  other  returns  of 
this  act.  Such  returns  shall  be  canvassed  by  the  state  canvassing 
board,  and  if  a  majority  of  the  electors  of  any  party  voting  upon  such 
amendment  shall  declare  in  favor  of  or  against  any  such  amendment, 
such  declaration  shall  be  considered  as  a  portion  of  the  ticket  of  such 
party  and  shall  be  so  certified  by  him  to  the  various  county  clerks. 

SECTION  36.  Delegates  to  national  conventions  of  the  various 
political  parties  shall  be  selected  at  a  state  or  state  and  congressional 
conventions  composed  of  delegates  chosen  in  such  manner  as  may  be 

14 


determined  by  the  state  committees  of  each  respective  party:  Pro- 
vided that  the  delegates  to  such  state  or  state  and  congressional  con- 
ventions shall  be  apportioned  by  such  committees  to  the  several 
counties  upon  the  vote  cast  at  the  last  election  for  electors  for  presi- 
dent and  vice  president  in  the  respective  counties;  and,  provided 
further,  that  each  county  shall  be  entitled  to  at  least  one  delegate  in 
such  convention  or  conventions. 

SECTION  37.     Penal  Provisions. 

1.  It  shall  be   unlawful   for   any  person   to   falsely   personate 
and  vote  under  the  name  of  any  other  person  or  intentionally  vote 
without  the  right  so  to  do ;  to  wilfully  or  wrongfully  obstruct  or  pre- 
vent others  from  voting  who  have  the  right  so  to  do,  at  such  primary 
election ;  f radulently  or  wrongfully  deposit  in  the  ballot  box,  or  take 
therefrom,  any  official  primary  ballot,  or  commit  any  other  fraud  or 
wrong  tending  to  defeat  the  result  of  a  primary  election;    give  or 
agree  to  give  to  any  qualified  voter  at  any  primary  election  held 
under  the  provisions  of  this  act,  any  money  .or  valuable  thing  as  a 
consideration  for  his  vote  for  any  person  to  be  voted  for  at  said  pri- 
mary election;  accept  or  receive  any  valuable  thing  as  a  consideration 
for  his  vote  for  any  person  to  be  voted  for  at  said  primary  election; 
offer  to  accept  and  receive,  or  accept  and  receive,  any  money  or  val- 
uable thing  in  consideration  of  his  filing  or  agreeing  to  file,  or  not 
filing  or  agreeing  not  to  file,  nomination  papers  for  himself  as  a  candi- 
date for  nomination  at  any  primary  election;    offer  to  accept  or  re- 
ceive any  money,  or  accept  or  receive,  money  or  any  valuable  thing, 
in  consideration  of  his  withdrawing  his  name  as  a  candidate  for  nomi- 
nation at  such  primary  election.    Any  person  who  shall  offer,  or  with 
knowledge  of  the  same,  permit  any  person  to  offer  for  his  benefit, 
any  bribe  to  a  voter  to  induce  him  to  sign  any  election  or  nomination 
paper,  or  any  person  who  shall  accept  any  such  bribe  or  promise  of 
gain  of  any  kind  in  the  nature  of  a  bribe  as  a  consideration  for 
signing  the  same,  whether  such  bribe  or  promise  of  gain  in  the  nature 
of  a  bribe  be  offered  or  accepted  before  or  after  such  signing,  or  any 
person  who  shall  sign  more  nomination  petitions  than  there  are  posi- 
tions to  fill  in  any  kind  of  offices  shall  be  guilty  of  a  misdemeanor. 
Any  person  committing  any  of  the   acts  herein   declared  unlawful 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
be  punished  by  imprisonment  in  the  county  jail  not  less  than  one  nor 
more  than  six  months. 

2.  Any  act   declared  an  offense   by  the  general  laws  of  this 
state  concerning  caucuses  and  elections  shall  also  in  like  case,  be  an 
offense  in  all  primaries,  and  shall  be  punished  in  the  same  form  and 
manner  as  therein  provided,  and  all  the  penalities  and  provisions  of 

15 


the  law  as  to  such  caucuses  and  elections,  except  as  otherwise  pro- 
vided, shall  apply  in  such  case  with  equal  force,  and  to  the  same  extent 
as  though  fully  set  forth  in  this  act. 

3.  Any  person  who  shall  forge  any  nomination  paper  shall  be 
deemed  guilty  of  forgery,  and  on  conviction  punished  accordingly. 
Any  person  who,  being  in  possession  of  nomination  papers  entitled 
to  be  filed  under  this  act,  or  any  act  of  the  legislature,  shall  wrong- 
fully either  suppress,  neglect,  or  wilfully  fail  to  cause  to  be  filed  at 
the  proper  time  in  the  proper  office,  shall  on  conviction,  be  punished 
by  imprisonment  in  the  county  jail  not  to  exceed  six  months,  or  by 
a  fine  not  to  exceed  five  hundred  dollars  ($500.00)  or  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

SECTION  38.  General  Election  Laws  to  Apply.  The  provisions 
of  the  statutes  now  in  force  in  relation  to  the  holding  of  elections, 
the  solicitation  of  .voters  at  the  polls,  the  challenging  of  voters,  the 
manner  of  conducting  elections,  of  counting  the  ballots  and  making 
returns  thereof,  and  all  other  kindred  subjects,  except  contests,  shall 
apply  to  all  primaries  insofar  as  they  are  consistent  with  this  act,  the 
intent  of  this  act  being  to  place  the  primary  under  the  regulation  and 
protection  of  the  laws  now  inforce  as  to  elections. 

SECTION  39.  All  nominations  for  candidates  of  any  political 
party  for  office  to  be  filled  at  a  special  election  or  any  other  office 
to  be  filled  by  the  electors,  excepted  from  the  provisions  of  this  act, 
shall  be  nominated  by  a  convention  or  committee  of  their  political 
party  which  nomination  shall  be  in  writing,  shall  contain  the  name  of 
the  office  for  which  each  person  was  nominated,  the  name  and  resi- 
dence of  each  person,  and  if  in  a  city,  the  street,  number  of  resi- 
dence, and  place  of  business,  if  any,  and  shall  designate  in  not  more 
than  five  words,  the  party  which  said  convention  or  committee  repre- 
sents. It  shall  be  signed  by  a  presiding  officer  and  the  secretary  of 
such  convention  or  committee,  who  shall  add  to  their  signatures  their 
respective  places  of  business  and  take  an  oath  before  a  qualified  officer 
to  administer  the  same,  that  the  affiants  were  such  officers  at  such 
convention  or  committee,  and  that  said  certificate,  and  the  statements 
therein  contained,  are  true  to  the  best  of  their  knowledged  and  belief. 
Such  cerificate  of  nomination  of  candidates  for  office  to  be  filled  by  the 
voters  of  the  entire  state,  or  any  division  or  district  greater  than  a 
'county,  including  candidates  for  congress  or  any  party  action  taken 
relative  to  any  proposed  constitutional  amendment,  shall  be  filed  with 
the  Secretary  of  State,  except  as  in  this  act  otherwise  provided.  Such 
certificate  of  nomination  for  all  county,  district,  township,  or  precinct 
offices,  including  members  of  both  branches  of  the  legislature,  shall 

16 


T>e  filed  with  the  county  clerk  of  the  respective  counties  wherein  the 
officers  are  to  be  elected,  and  in  case  the  legislative  districts  from 
which  the  candidate  is  to  be  elected  embraces  more  than  one  county, 
then  in  that  case,  the  certificate  shall  be  filed  with  the  county  clerk  of 
each  county  included  in  such  district;  certificates  for  nomination  of 
the  Judge  of  the  District  Court  shall  be  filed  with  the  Secretary  of 
•State ;  certificates  for  nomination  of  municipal  officers  shall  be  filed 
with  the  clerk  of  such  municipal  corporation  wherein  the  officers  are 
to  be  elected. 

It  is  the  intention  that  the  manner  provided  in  this  section  for 
the  nomination  of  officers  named  herein,  by  a  convention  or  committee, 
shall  apply  only  where  such  officers  are  to  be  chosen  at  a  special 
election,  township  or  precinct  officers  to  be  elected  at  a  general  elec- 
tion or  village  officers  or  members  of  school  boards  not  members  of 
hoards  of  education. 

SECTION  40.  When  nominations  are  made  by  a  convention  or 
committee,  as  provided  for  in  Section  39  of  this  act,  the  certificates 
of  nomination  to  be  filed  with  the  Secretary  of  State,  shall  be  filed  not 
less  than  twenty-five  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination,  and  the  certificates  of  nomination  herein 
directed  to  be  filed  with  the  County  Clerk  shall  be  filed  not  less  than 
twenty  days  before  election,  and  the  certificates  of  nomination 
herein  directed  to  be  filed  with  the  municipal  clerk  shall  be 
filed  not  less  than  fifteen  days  before  election.  Certificates  of 
nomination  for  a  new  party  may  be  filed  with  the  Secretary  of  State 
or  the  county  or  municipal  clerk,  twenty-five  or  twenty  or  fifteen  days 
before  the  election,  as  the  case  may  require. 

SECTION  41.  Whenever  any.  person  nominated  for  public  office, 
as  in  this  act  provided,  shall  at  least  fifteen  days  before  election, 
notify  the  officers  with  whom  the  original  certificate  of  nomination 
was  filed  or  if  nominated  at  a  primary  election,  as  in  this  act  provided, 
and  the  office  for  which  he  was  nominated  was  an  office  to  be  voted 
for  in  more  than  one  county,  the  Secretary  of  State,  and  if  to  be  voted 
for  in  one  county  alone,  the  county  clerk  of  the  county  where  such 
office  is  to  be  voted,  or  if  a  municipal  office,  the  clerk  of  the  city  or 
village,  by  a  statement  in  wrriting  by  him  and  duly  acknowledged, 
that  he  declines  such  nomination,  the  same  shall  be  void,  and  hjs  name 
shall  not  be  printed  upon  the  ballots  but  no  such  declination  shall  be 
received  after  the  time  above  specified.  The  officer  to  whom  such 
notification  is  given  shall  forthwith  inform  by  mail  or  otherwise,  one 
or  more  persons  whose  names  are  attached  to  the  original  certificate 
of  nomination  (provided  he  was  nominated  by  a  convention  or  com- 
mittee), or  if  nominated  at  a  primary  election,  as  provided  for  in  this 

IT 


act,  the  chairman  or  secretary  of  the  campaign  or  party  committee  of 
his  political  party,  if  theer  be  one,  and  if  not,  at  least  three  (3)  of  the 
prominent  members  of  his  political  party  in  this  state,  that  he  has 
declined  such  nomination,  by  mailing  or  delivering  to  them  personally, 
notice  of  such  fact,  and  three  days  shall  be  given  such  party  com- 
mittee or  convention  to  nominate  a  person  to  fill  such  vacancy. 

SECTION  42.  All  certificates  of  nomination  or  nomination 
statements,  which  are  in  apparent  conformity  with  the  provisions  of 
this  act,  shall  be  deemed  to  be  valid,  unless  objections  thereto  shall 
be  duly  made  in  writing  within  three  (3)  days  after  the  filing  of  the 
same.  In  case  such  objection  is  made,  notice  thereof  shall  forwith  be 
mailed  to  all  candidates  who  may  be  affected  thereby,  addressed  to> 
them  at  their  respective  places  of  residence  as  given  in  the  certificate 
of  nomination  or  in  the  nomination  affidavits  of  such  persons,  on  file 
in  that  office.  Objections  to  the  use  of  party  name  may  also  be  made 
and  passed  upon  in  the  same  manner  as  objections  to  certificates  and 
nomination  statements.  The  officer  with  whom  the  original  certificate 
was  filed,  or  who  made  an  affidavit  to  the  original  nominating  state- 
ment, shall,  in  the  first  instance,  pass  upon  the  validity  of  such  objec- 
tion, and  his  decision  shall  be  final,  unless  an  order  shall  be  made  in 
the  matter  by  a  county  court,  or  by  a  judge  of  the  district  court,  or 
by  a  justice  of  the  supreme  court  at  chambers,  on  or  before  the  second 
Wednesday  preceding  the  election.  Such  order  may  be  made  sum- 
marily upon  application  of  any  party  interested,  and  upon  such 
notice  as  the  court  or  judge  may  require.  The  decision  of  the  Secre- 
tary of  State,  or  the  order  of  the  judge  or  supreme  court  justice  revis- 
ing such  decision,  shall  be  binding  on  all  other  county,  municipal  or 
other  officers  with  whom  certificates  of  nomination  are  filed. 

SECTION  43.  In  case  of  a  division  of  any  party,  the  Secretary 
of  "State  shall  give  the  preference  of  party  name  to  the  convention  held 
at  the  time  and  place  designated  in  the  call  of  the  regularly  consti- 
tuted party  authorities,  and  if  the  other  faction  or  factions 'shall  pre- 
sent no  other  party  name,  the  Secretary  of  State  shall  select  a  name  or 
title  and  place  the  same  on  the  ballots  before  the  list  of  candidates  of 
said  faction.  The  action  of  the  preceding  national  convention  of  such 
party,  regularly  called,  shall  determine  the  action  of  the  Secretary  of 
State,  or  the  court  in  its  decision.  The  Secretary  of  State  may  be  com- 
pelled by  peremptory  order  of  mandamus  proceedings,  to  perform  his 
duty  in  this  regard. 

SECTION  44.  No  person  shall  be  entitled  to  or  allowed  to  file 
a  nomination  certificate  as  provided  for  in  this  act,  or  to  have  his 
name  placed  upon  a  primary  election  ballot  for  any  primary  election 

18 


to  be  held,  unless  the  political  party  which  he  states  in  said  affidavit 
he  affiliates  with,  polled  at  the  last  election  before  the  primary  elec- 
tion to  be  held,  at  least  one  per  cent  of  the  entire  vote  in  the  state, 
county  or  subdivision  or  district  for  which  he  seeks  the  nomination  for 
office  in. 

SECTION  45.  1.  Electors  may  form  a  new  party.  They  shall  not 
adopt  the  name  of  any  old  political  party  or  any  word  forming  a  part 
of  such  name.  In  order  to  form  a  new  party  there  shall  be  present  at 
a  mass  convention  electors  to  the  number  of  at  least  five  hundred  (500) 
in  a  state  convention,  one  hundred  (100)  in  a  congressional  district 
or  county  convention,  or  twenty-five  (25)  in  any  precinct,  city,  vil- 
lage or  ward  convention,  except  in  cities  or  counties  having  a  popu- 
lation of  fifty  thousand  (50,000)  or  more,  at  least  two  hundred  (200) 
shall  be  required  to  participate. 

2.  Such  convention  shall  adopt  a  party  name  and  electors  at 
least  to  the  number  respectively  above  mentioned,  and  electors  to  at 
least  the  number  specified  shall  sign  an  agreement  to  form  such  new' 
party  and  support  its  nominees  at  the  next  election,  and  upon  filing 
such  written  agreement  with  the  Secretary  of  State,  county,  city,  or 
village  clerk,  as  the  case  may  be,  together  with  an  affidavit  of  some 
qualified  elector  that  he  saw  all  of  the  persons  whose  names  are  signed 
to  such  agreement  subscribe  the  same  and  he  verily  believes  them  all 
to  be  qualified  electors.  Such  new  party  shall  be  entitled  to  have  a 
separate  party  ballot  at  the  next  primary  election  held  thereafter, 
provided  that  its  candidates  for  nomination  shall  be  required  to  file 
nomination  papers  signed  by  at  least  fifty  per  cent  of  those"  who  sub- 
scribed the  agreement  to  form  such  new  party.  When  the  name  of 
the  candidate  appears  on  a  petition  presented  by  a  political  party  or 
members  thereof  with  the  required  number  of  signers  and  it  is  ex- 
pressly stated  in  said  petition  that  the  candidate  is  a  candidate  of 
two  or  more  parties,  each  of  which  shall  be  entitled  to  nominate  a 
candidate,  then  it  shall  be  the  duty  of  the  officer  making  up  the  ballot 
to  place  the  name  of  such  candidate  or  candidates  upon  the  ballot  in 
the  same  manner  as  now  provided  for  in  the  general  election  law  for 
ballots  at  the  general  election. 

SECTION  46.  The  Secretary  of  State  shall  cause  to  be  pre- 
served in  his  office  for  the  period  of  one  (1)  year  a  copy  of  all  nomi- 
nating statements  and  certificates  of  nomination  filed  therein  under 
the  provisions  of  this  act,  and  each  county  and  municipal  clerk  shall 
cause  to  be  preserved  in  his  office  for  the  period  of  two  (2)  years,  all 
nominating  statements  and  certificates  of  nomination  filed  therein 
under  the  provisions  of  this  act.  All  such  nominating  statements  and 

19 


certificates  shrill,  at  all  reasonable  hours,  be  open  to  public  inspection. 

SECTION  -17.  That  Sections  5714.  5715,  5716.  5717,  5718.  5719, 
5720.  5721,  5722,  5800,  5801,  5802,  5803,  5804.  5806.  5807.  5808.  5809. 
5810,  5811,  5767.  5768,  5770.  5771,  5772,  577:].  r>774.  5775,  5776.  of 
Cobbey's  Annotated  Statutes  of  Nebraska,  of  the  year  1903.  5811a1 
to  SSllh1  Cobbey's  Supplement  for  the  year  1905,  as  the  same  now 
exists,  and  all  acts  or  parts  of  acts  in  conflict  with  the  provisions  of 
this  act,  be  and  the  same  are  hereby  repealed. 


YP.  08666 


